Constitutional & Administrative Law Essay Example | Topics and Well Written Essays - 1500 words

Constitutional & Administrative Law - Essay Example he first being that the parliament may legislate upon any subject-matter; secondly that Parliament could not be restricted by a predecessor not restrict the powers of a future Parliament; and finally the validity of Acts of Parliament cannot be challenged. Under the legal theory Parliament is entitled to pass law on anything once it has been passed by the House of Commons, House of Lords and receives Royal Assent and such would be held to be legally valid. The limits that have been listed down are those that have been laid down by the democratic process. Thus theoretically the powers of the parliament are absolute and so an Act can extend beyond the territory of the United Kingdom. Furthermore, Parliament can legislate with the Act having retrospective effect. As far as international law is concerned it cannot have effect unless implemented by the Parliament by introduction of an Act. As far as Parliament being bound or being able to bind its successor is concerned importance has been placed on the Act of Union with Scotland 1707, whereby it was suggested that intention of the Act was that it cannot be repealed; however, it is important to mention that there have been amendments that have been made. In Attorney General for New South Wales v. Trethowan2 the Privy Council found the Parliament to be bound by a previous Act while citing the reason that the earlier Act had to be repealed first and so if it was not repealed then the Parliament was bound by it. As far as the new view of sovereignty is concerned Sir Ivor Jennings and Professors Heuston, Marshall, Mitchell and de Smith have stated that Parliament can bind its successor, by redefining itself or by setting out ‘ manner and form’ provisions which need to be followed. A recent example in respect of the procedural requirements is that of Northern Ireland Act 1998 whereby it stated that the Northern Ireland would remain a part of United Kingdom unless done to the contrary by means of a referendum by the